Applying electronic monitoring measures to juvenile offenders.

The government issued Decree No. 333/2025/ND-CP detailing a number of measures for community-based re-education; responsibilities, procedures, and processes for community-based re-education; and the application of electronic monitoring and community reintegration measures for juvenile offenders.

The Decree, comprising 6 chapters and 27 articles, provides detailed regulations on several provisions of the Law on Juvenile Justice No. 59/2024/QH15, as amended and supplemented by Law No. 85/2025/QH15, including: measures for redirection to participation in educational and vocational training programs and psychological treatment or counseling; responsibilities, procedures, and processes for redirection in the community; implementation of electronic monitoring measures; and community reintegration.

Specifically, the application of electronic monitoring measures for juvenile offenders is regulated as follows:

Electronic monitoring scope and equipment

The decree stipulates that the scope of supervision is within the commune where the minor who is the suspect or defendant resides.

An electronic monitoring device is an electronic device used to track, collect, and transmit data about the activities of a minor who is a suspect or defendant. The device may be attached to the person or to an object that the person is required to carry.

Wearing electronic monitoring devices must ensure that it does not interfere with the wearer's daily life or personal hygiene, and that it is not exploited for discriminatory behavior within the community.

Responsibilities of stakeholders in implementing electronic monitoring measures

The decree stipulates the responsibilities of agencies, organizations, individuals, and families in implementing electronic monitoring measures, specifically as follows:

1.Commune People's CommitteeThe place of residence where the suspect or defendant is under electronic surveillance has the responsibility to:

a) Implementing electronic monitoring decisions for minors who are suspects or defendants;

b) Notify the agency that issued the decision to apply the electronic monitoring measure about the results of applying the electronic monitoring measure;

c) Request the agency that issued the decision to apply electronic monitoring measures to grant permission to leave the monitored area;

d) Notify the agency that issued the decision to apply electronic surveillance measures if the suspect or defendant under electronic surveillance violates their sworn obligations.

2.Commune-level policeTo advise and assist the People's Committee at the commune level in fulfilling the responsibilities stipulated in Clause 1 above, and to have the following responsibilities:

a) Receiving suspects and defendants under electronic surveillance;

b) The head of the commune-level police department issues a decision assigning police officers to directly manage, supervise, and support suspects and defendants under electronic surveillance;

c) Managing, supervising, and supporting defendants under electronic surveillance; drawing up reports when they violate their sworn obligations and reporting to the Chairman of the People's Committee at the commune level;

d) Assisting defendants and accused persons under electronic surveillance in complying with regulations on the use of electronic surveillance equipment;

d) Organizing the issuance and revocation of electronic monitoring devices for suspects and defendants subject to electronic monitoring;

e) Periodically, on a monthly basis or when requested, compile data, assess the situation and results of implementing decisions on applying electronic monitoring measures within their jurisdiction, and report to the Chairman of the People's Committee of the commune and the competent authority;

g) Verify, take attendance, and conduct a physical inspection upon receiving notification from competent authorities that a suspect or defendant under electronic surveillance has tampered with, destroyed, or disrupted the operation of the electronic surveillance equipment, or has left the surveillance area.

3.Relevant agencies, organizations, and individualsThey have the following responsibilities:

a) Coordinate with relevant agencies, competent authorities, and families in implementing decisions on the application of electronic monitoring measures;

b) Provide necessary services to support suspects and defendants under electronic surveillance;

c) Assisting and facilitating the electronically supervised suspects and defendants in fulfilling their sworn obligations;

d) Guiding and assisting defendants under electronic surveillance in complying with regulations on the use of electronic surveillance equipment;

d) Evaluate the effectiveness of applying electronic monitoring measures to suspects and defendants under electronic monitoring and propose solutions (if any) to the Chairman of the People's Committee of the commune.

4. Responsibilities ofThe families of suspects and defendants are subject to electronic monitoring.:

a) Encourage and motivate defendants and accused persons under electronic supervision to comply with the law and fulfill their sworn obligations;

b) There are specific measures in place to manage, educate, and assist suspects and defendants under electronic surveillance;

c) Maintain regular contact with relevant agencies, organizations, and individuals to guide and assist the suspect or defendant during the period of electronic supervision.

Sequence and procedures for implementing electronic monitoring measures.

Decree stipulatesimmediately after receiving the decision to apply electronic monitoring measures.Transferred by the Chairman of the People's Committee of the commune, distributed by the Head of the Commune Police.Police officers directly manage, supervise, support, and carry out the handover process.The minor who is a suspect or defendant must be handed over at the headquarters of the commune-level People's Committee.The handover must be documented and recorded in the case file.

After receiving minors who are suspects or defendants, the People's Committee at the commune level presides over a meeting with the suspect or defendant, which is electronically monitored in accordance with regulations regarding the participants and content of the meeting.

In cases where a suspect or defendant under electronic supervision violates the commitment obligation stipulated in Clause 2, Article 139 of the Law on Juvenile Justice, the commune-level police shall draw up a violation report and submit it to the Chairman of the People's Committee of the commune, who will then inform the agency that issued the decision to apply the electronic supervision measure to handle the matter according to its authority.

Within 05 working days before the expiration of the electronic monitoring period, the Chairman of the People's Committee of the commune must notify the agency that issued the decision to apply the electronic monitoring measure in writing so that it can act within its authority.

Immediately after the electronic monitoring measure for the suspect or defendant is revoked or replaced, the commune-level police report to the Chairman of the People's Committee of the commune to conclude the management, supervision, and support of the suspect or defendant under electronic monitoring and remove the electronic monitoring device. The removal of the electronic monitoring device must be recorded in a report and filed.

Addressing cases where defendants under electronic surveillance violate their obligations.

If a suspect or defendant under electronic surveillance voluntarily leaves the surveillance area, the commune-level police will summon the violator, draw up a report, and demand that the violation cease immediately.

If a suspect or defendant under electronic surveillance intentionally fails to appear as summoned or continues to leave the surveillance area, the commune-level police shall draw up a record of violation of the commitment obligation and report it to the Chairman of the People's Committee of the commune, who will then inform the agency that issued the decision to apply the electronic surveillance measure to handle the matter according to its authority.

In cases where a suspect or defendant under electronic surveillance removes, destroys, or disrupts the operation of the electronic surveillance equipment, the commune-level police will summon the violator, draw up a report, and demand that the violation cease immediately.

In cases where electronic monitoring equipment is destroyed or malfunctions to the point of being inoperable, compensation must be paid in accordance with the provisions of the Civil Code; the commune-level police shall record the violation of the commitment obligation and report it to the Chairman of the People's Committee of the commune, who will then inform the agency that issued the decision to apply the electronic monitoring measure to handle the matter according to its authority.

This Decree shall take effect from January 1, 2026; however, the provisions on the application of electronic monitoring measures shall take effect from January 1, 2028.